HomeMy Public PortalAboutOrdinance No. 974-03 10-14-2003
• ORDINANCE NO. 974-03
AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS
AMENDING SECTION 6-147 OF CHAPTER 6 OF THE CITY CODE TO
PERMIT TRIENNIAL RABIES VACCINATIONS AND PROHIBIT
VACCINATION OF ANIMALS PENDING INVESTIGATION OF A BITE OR
SCRATCH; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR
PUBLICATION AS REQUIRED BY LAW; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Richland Hills is a home rule city acting under its charter adopted
by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the
Local Government Code; and
WHEREAS, the City is therefore authorized to promulgate regulations necessary and
desirable to protect the public health and welfare; including regulations regarding anin~al control:
and
WHEREAS, the State ofTexas has, through amendments to the Texas Administrative Cody,
established requirements for rabies vaccinations, and the City Animal Control Ofli~cr h.;ti
• recommended that the City adopt such requirements and include them in the City Code; and
WHEREAS, maximum penalties provided m earlier ordinances are inconsistent with the
maximums provided by law;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
RICHLAND HILLS, TEXAS:
SECTION 1.
AMENDMENT OF SECTION 6-147 REGARDING
RABIES VACCINATIONS
Section 6-147 of Article IV, Division 3, of Chapter 6 of the Richland Hills City Code is
hereby amended to provide as follows:
Rabies vaccination required.
(a) Every owner of a dog or cat shall have such dog or cat vaccinated against
rabies with an anti-rabies vaccine approved by the state and administered by a duly
licensed veterinarian by the time such animal is four months of age. Every owner of
a dog or cat shall ensure that such dog or cat is given a rabies booster within the l 2-
monthinterval following the initial vaccination. If such booster is an annual vaccine,
the animal must be re-vaccinated within twelve (12) months. if such booster is a
triennial vaccine, such dog or cat must thereafter be re-vaccinated within thirty-six
(36) months of the previous vaccination. Thereafter, animals shall be re-vaccinated
within thirty six (36) months if the previous vaccination was with a triennial rabies
vaccine, or within twelve (12) months if the previous vaccination was with an annual
rabies vaccine.
(b) A metal rabies vaccination tag with the year of vaccination. the rabies
vaccination certificate number, and the name, address and phone number of~ the
vaccinating veterinary clinic, must be securely attached to a collar or harness that
must be worn by the animal at all times.
(c) In addition to the rabies vaccination tag, the owner must maintain a rabies
vaccination certificate issued by the vaccinating veterinarian which must
contain the following information:
(1) the owner's name, address, and telephone number;
(2) a description of the animal sufficient to identify the animal in terms
of species, sex (including neutered if applicable), approximate age,
size (in pounds), predominant breed, and color(s);
(3) the vaccine used, identified by producer, expiration date, and serial
number;
(4) the date vaccinated;
(5) the date the vaccination expires (the re-vaccination due date);
(6) the metal rabies vaccination tag number;
(7) the veterinarian's signature or signature stamp and license number;
and
(8) the the name, address and phone number of the veterinarian or
veterinary clinic that performed the vaccination.
(d) If an animal is impounded and the City Animal Control Officer or Animal
Control Staff cannot verify that the animal has a current vaccination, or if an owner
fails to vaccinate a dog or cat, the City Animal Control Officer may vaccinate such
animal, and assess the fee established in the Fee Schedule established in the City
Code.
(e) If a dog or cat inflicts a bite or scratch or otherwise attacks any person, the
owner shall not permit a rabies vaccine to be administered to such doh or cat
until that animal is released from quarantine.
ORDINANCE AMENDING CHAPTER 6 TO PERMIT TRIENNIAL VACCINAI~IONS f'~g~~
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• SECTION 2.
AMENDMENT TO APPENDIX A
Appendix A, the Fee Schedule of the City Code is hereby amended as to the following
referenced sections to provide as follows:
CHAPTER 6. ANIMALS
6-147 Vaccination fee: $25.00 per vaccination
SECTION 3.
PROVISIONS CUMULATIVE
This ordinance shall be cumulative of all provisions of ordinances and of the ('ode uf~
Ordinances of the City of Richland Hills, Texas, as amended, except where the provisions of this
ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event
the conflicting provisions of such ordinances and such Code are hereby repealed.
SECTION 4.
PROVISIONS SEVERABLE
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause
• sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect
any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since
the same would have been enacted by the City Council without the incorporation in this ordinance
of any such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 5.
RIGHTS AND REMEDIES SAVED
All rights and remedies of the City are expressly saved as to any and all violations of~ the
provisions ofthe City Code amended or revised herein, or any other ordinances affecti ng the matters
regulated herein which have accrued at the time of the effective date of this ordinance; and, as to
such accrued violations and all pending litigation, both civil and criminal, whether pending in court
or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted
until final disposition by the courts.
• ORDINANCE AMENDING CHAPTER 6 1'O PERMIT TRIENNIAL VACCINATIONS I'~P~'
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• SECTION 6.
PUBLICATION
The City Secretary of the City of Richland Hills is directed to publish the caption, penalty
clause, publication clause and effective date of this Ordinance twice in the official city new spapcr
as authorized by Section 52.013 of the Local Government Code.
SECTION 7.
PUBLICATION IN BOOK OR PAMPHLET FORM
The City Secretary of the City of Richland Hills is hereby authorized to publish this
ordinance and the exhibits to this ordinance in book or pamphlet form for general distribution among
the public, and the operative provisions of this ordinance and the exhibits to this ordinance as so
published shall be admissible in evidence in all courts without further proof than the production
thereof.
SECTION 8.
PENALTY FOR VIOLATION
The City Council has determined that this ordinance involves the public health. Therefore,
any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with
or who resists the enforcement of any of the provisions of this Ordinance shall be fined no more than
Two Thousand Dollars and no cents ($2,000.00) for any violation of this Ordinance. Each day that
a violation is permitted to exist shall constitute a separate offense.
SECTION 9.
EFFECTIVE DATE
This ordinance shall be in full force and effect from and after its passage and publication as
required by law, and it is so ordained.
PASSED AND APPROVED ON THIS 14th DAY OF October , 2003.
THE H NQR~~ \ •h1,>a,* DA STRODER, MAYOR
ATTEST:
~ e ~
,3 ~ y
~ITY SECRETARY ~ ~ ` ° `
EFFECTIVE: October 17, 2003 ~`~'a~,•„~' ~
~a~.
• ORDINANCE AMENDING CHAPTER 6 TO PERMIT TRIENNIAL VACCINA">-IONS I',~=~'
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• APPROVED S O FORM AND LEGALITY:
TIM G. SRALLA, CITY ATTORNEY
•
ORDINANCE AMENDING CHAPTER 6 TO PERMIT TRIENNIAL VACCINATIONS
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